Retaliation under the WTO Agreement: The “Sequencing Problem”

The topic of this article is one of the biggest problems associated with retaliation under the World Trade Organization dispute settlement procedure - the sequencing issue. Namely, despite very strict, precise, applicable and tractable procedural rules in the World Trade Organization dispute settlement system, one thing has remained unclear and unresolved thus far - the mismatch of articles 21.5 and 22 of the World Trade Organization Dispute Settlement Understanding. A critical reading of these two articles, aside from possible practical problems, is enough to conclude that these two articles must be brought in accordance; otherwise, problems in implementation may arise. More than a decade ago, such a problem occurred, involving important world trade “players” and lasting over a considerable period. In order to explore the aforementioned problem, this article will outline the procedural issues, identify the problem, indicate the substance of the problem and, finally, suggest possible solutions.

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Journal Article
DOI and Other Identifiers:
1496-5208 (Other)
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Published in:
Estey Journal of International Law and Trade Policy, 14, 2
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Series Statement:
Estey Centre Journal of International Law and Trade Policy
Volume 14, Number 2, Summer 2013

 Record created 2017-04-01, last modified 2020-10-28

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